Opinion
May 10, 1990
Appeal from the Supreme Court, New York County (Martin B. Stecher, J.).
Petitioner sought arbitration of multiple claims against Rubsamen, a general construction contractor. Rather than itemizing the 36 claims and specifying the calculations on those upheld, the arbitrators merely awarded a gross lump sum of $112,300, less $50,000 owed to Rubsamen on a counterclaim. Such a lump-sum award does not render the arbitrators' decision irrational (Matter of Reddick Sons v. Carthage Cent. School Dist. No. 1, 91 A.D.2d 1182; 68th Assocs. v. Vidar Constr. Corp., 90 A.D.2d 462).
Rubsamen was not entitled to a discrete award on its counterclaim, separate from the award on petitioner's claims, so as to facilitate Rubsamen's proper claim for the gross amount against its insurer while protecting the counterclaim award from setoff. It is entirely appropriate for arbitrators to make a net resolution in full settlement of all claims and counterclaims (see, Tilbury Fabrics v. Stillwater, Inc., 81 A.D.2d 532 [1st Dept], affd 56 N.Y.2d 624), and they made the fact of the separate counterclaim question clear. The fact that Rubsamen's insurer may have participated, through counsel, in the arbitration proceeding does not make that insurer a party to the proceeding, and the possibility that an award may result in further litigation does not render that award irrational (see, Matter of De Vitre [Bohn], 22 A.D.2d 856).
Concur — Kupferman, J.P., Asch, Wallach, Smith and Rubin, JJ.